[Federal Register Volume 86, Number 100 (Wednesday, May 26, 2021)]
[Notices]
[Pages 28336-28338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11133]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-818]


Certain Pasta From Italy: Final Results of Antidumping Duty 
Administrative Review and Final Determination of No Shipments; 2018-
2019

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.


[[Page 28337]]


SUMMARY: The Department of Commerce (Commerce) determines that certain 
pasta (pasta) from Italy was sold in the United States at less than 
normal value during the period of review (POR) July 1, 2018, through 
June 30, 2019. Additionally, Commerce determines that Pasta Berruto 
S.p.A. (Pasta Berruto) had no shipments during the POR.

DATES: Applicable May 26, 2021.

FOR FURTHER INFORMATION CONTACT: Jonathan Hall-Eastman, AD/CVD 
Operations, Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-1468.

SUPPLEMENTARY INFORMATION:

Background

    On November 23, 2020, Commerce published the Preliminary 
Results.\1\ On January 26, 2021, Commerce received case briefs on 
behalf of La Molisana S.p.A. (La Molisana), Valdigrano di Flavio Pagani 
S.r.L., and Ghigi 1870 S.p.A. and Pasta Zara S.p.A. (collectively 
Ghigi/Zara). On February 5, 2021, Riviana Foods and Treehouse Foods 
LLC., collectively domestic producers of pasta, submitted a rebuttal 
brief for each of the submitted case briefs.
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    \1\ See Certain Pasta from Italy: Preliminary Results of 
Antidumping Duty Administrative Review and Preliminary Determination 
of No Shipments; 2018-2019, 85 FR 74676 (November 23, 2020) 
(Preliminary Results), and accompanying Preliminary Decision 
Memorandum.
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    Commerce extended the deadline for the final results by 59 days on 
March 3, 2021.\2\ The deadline for the final results of this review is 
now May 21, 2021. For a complete description of the events that 
occurred since the Preliminary Results, see the Issues and Decision 
Memorandum.\3\
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    \2\ See Memorandum, ``Certain Pasta from Italy: Extension of 
Time Limit Final Results of Antidumping Duty Administrative Review; 
2018/2019,'' dated March 3, 2021.
    \3\ See Memorandum, ``Certain Pasta from Italy: Issues and 
Decision Memorandum for the Final Results of Antidumping Duty 
Administrative Review; 2018-2019,'' dated concurrently with, and 
hereby adopted by, this notice (Issues and Decision Memorandum).
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Scope of the Order

    The products covered by this order are certain pasta from Italy. 
For a full description of the scope, see the Issues and Decision 
Memorandum.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs are addressed in 
the Issues and Decision Memorandum. A list of the issues that parties 
raised and to which we responded in the Issues and Decision Memorandum 
is attached to this notice as an Appendix. The Issues and Decision 
Memorandum is a public document and is on file electronically via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
at http://enforcement.trade.gov/frn/index.html/.

Determination of No Shipments

    As noted in the Preliminary Results, we received a no-shipment 
claim from Pasta Berruto. In the Preliminary Results, we preliminarily 
determined that Pasta Berruto had no shipments during the POR. We 
received no comments from interested parties with respect to this 
claim. Therefore, we continue to find that Pasta Berruto had no 
shipments during the POR.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties, we relied on revised cost of production data when 
calculating the weighted-average dumping margin for La Molisana.\4\
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    \4\ Id. at Comment 2.
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Rates for Companies Not Selected for Individual Examination

    The statute and Commerce's regulations do not address the 
establishment of a rate to be applied to individual companies not 
selected for examination when Commerce limits its examination in an 
administrative review pursuant to section 777A(c)(2) of the Tariff Act 
of 1930, as amended (the Act). Generally, Commerce looks to section 
735(c)(5) of the Act, which provides instructions for calculating the 
all-others rate in an investigation, for guidance when calculating the 
rate for companies which we did not examine in an administrative 
review. Section 735(c)(5)(A) of the Act establishes a preference to 
avoid using rates which are zero, de minimis, or based entirely on 
facts available (FA) in calculating an all-others rate. Accordingly, 
Commerce's practice in administrative reviews has been to average the 
weighted-average dumping margins for the companies selected for 
individual examination in the annual review, excluding rates that are 
zero, de minimis, or based entirely on FA.\5\ For these final results 
of review, we calculated a weighted-average dumping margin for La 
Molisana that is above de minimis and not based entirely on FA. 
Therefore, consistent with our practice, we have assigned the companies 
not selected for individual examination the weighted-average dumping 
margin calculated for La Molisana.
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    \5\ See, e.g., Ball Bearings and Parts Thereof from France, 
Germany, Italy, Japan, and the United Kingdom: Final Results of 
Antidumping Duty Administrative Reviews and Rescission of Reviews in 
Part, 73 FR 52823, 52824 (September 11, 2008), and accompanying 
Issues and Decision Memorandum at Comment 16.
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Final Results of the Review

    Commerce determines that the following weighted-average dumping 
margin exists for the period July 1, 2018, through June 30, 2019:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Exporter or producer                        dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Ghigi 1870 S.p.A., Pasta Zara S.p.A.........................       91.76
La Molisana S.p.A...........................................       15.72
Review-Specific Average Rate Applicable to the Following
 Companies:
  F. Divella S.p.A..........................................       15.72
  Liguori Pastificio dal 1820 S.p.A.........................       15.72
  Newlat Food S.p.A.........................................       15.72
  Pastificio Di Martino Gaetano e Flli S.p.A................       15.72
  Pastificio Fratelli DeLuca S.r.l..........................       15.72
  Pastificio Rey S.r.L......................................       15.72
  Rummo S.p.A...............................................       15.72
  Tesa S.r.L................................................       15.72
  Valdigrano di Flavio Pagani S.r.L.........................       15.72
------------------------------------------------------------------------

Assessment Rate

    Pursuant to section 751(a)(2)(A) of the Act, and 19 CFR 
351.212(b)(1), Commerce shall determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries covered by this review.
    Commerce has calculated importer-specific antidumping duty 
assessment rates. For La Molisana, we calculated importer-specific 
antidumping duty assessment rates by aggregating the total amount of 
dumping calculated for the examined sales of each importer and dividing 
each of these amounts by the total entered value associated with those 
sales. Where either the respondent's weighted-average dumping margin is 
zero or de minimis within the meaning of 19 CFR 351.106(c)(1), or an 
importer-specific assessment rate is zero or de minimis, we will 
instruct CBP to liquidate the appropriate entries without regard to 
antidumping duties.

[[Page 28338]]

    For entries of subject merchandise during the POR produced by La 
Molisana where the producer did not know its merchandise was destined 
for the United States, or for entries associated with Pasta Berruto, 
who had no shipments during the POR, we will instruct CBP to liquidate 
unreviewed suspended entries, consistent with the reseller policy, at 
the all-others rate if there is no rate for the intermediate 
company(ies) involved in the transaction.\6\
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    \6\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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    The assessment rate for antidumping duties for Ghigi/Zara, as well 
as for each of the companies not selected for individual examination, 
will be equal to the weighted-average dumping margin identified above 
in the Final Results of Review.
    Consistent with its recent notice,\7\ Commerce intends to issue 
assessment instructions to CBP no earlier than 35 days after the date 
of publication of the final results of this review in the Federal 
Register. If a timely summons is filed at the U.S. Court of 
International Trade, the assessment instructions will direct CBP not to 
liquidate relevant entries until the time for parties to file a request 
for a statutory injunction has expired (i.e., within 90 days of 
publication).
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    \7\ See Notice of Discontinuation of Policy to Issue Liquidation 
Instructions After 15 Days in Applicable Antidumping and 
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January 
15, 2021).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) The cash deposit rates for the companies 
identified above in the Final Results of Review will be equal to the 
company-specific weighted-average dumping margin established in the 
final results of this administrative review; (2) for merchandise 
exported by a company not covered in this administrative review but 
covered in a completed prior segment of the proceeding, the cash 
deposit rate will continue to be the company-specific rate published 
for the most recently completed segment of this proceeding; (3) if the 
exporter is not a firm covered in this review or completed prior 
segment of this proceeding but the producer is, the cash deposit rate 
will be the company-specific rate established for the most recently-
completed segment of this proceeding for the producer of the subject 
merchandise; and (4) the cash deposit rate for all other producers or 
exporters will continue to be 15.45 percent, the all-others rate 
established in the section 129 determination.\8\
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    \8\ See Implementation of the Findings of the WTO Panel in 
U.S.-- Zeroing (EC): Notice of Determinations Under Section 129 of 
the Uruguay Round Agreements Act and Revocations and Partial 
Revocations of Certain Antidumping Duty Orders, 72 FR 25261 (May 4, 
2007).
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    These cash deposit requirements, when imposed, shall remain in 
effect until further notice.

Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties and/or countervailing 
duties prior to liquidation of the relevant entries during this POR. 
Failure to comply with this requirement could result in Commerce's 
presumption that reimbursement of antidumping and/or countervailing 
duties has occurred and the subsequent assessment of double antidumping 
duties.

Administrative Protective Order

    This notice also serves as a final reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return or 
destruction of APO materials, or conversion to judicial protective 
order, is hereby requested. Failure to comply with the regulations and 
the terms of an APO is a sanctionable violation.

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5) 
and 19 CFR 351.213(h)(1).

    Dated: May 20, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
    Comment 1: Protein Content
    Comment 2: Revisions to La Molisana's Cost Reporting
    Comment 3: Model Match for La Molisana's Tri-Color Pasta
    Comment 4: Alternative Comparison Methodology
    Comment 5: Price of La Molisana's Private Label Pasta
    Comment 6: Application of Total AFA to Ghigi/Zara
    Comment 7: Collapsing Ghigi/Zara
VI. Recommendation

[FR Doc. 2021-11133 Filed 5-25-21; 8:45 am]
BILLING CODE 3510-DS-P